Page 43: of Maritime Reporter Magazine (August 2003)

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posals for IMO consideration: • States, after consultation with industry, should set up a panel of experts to advise on the risks posed by any casu- alty requiring a place of refuge. • Consideration should be given to the evaluation of consequences, should a place of safety be refused. • Any financial security for the entry of a ship to a place of safety should be reasonable and not exceed legal liabilities.

The ISU has expressed its support for a French paper to the IMO which backs a provision in the guidelines for casual- ty inspection. The ISU, however, urges the IMO to accept the principle that this inspection should take place before any refusal of refuge.

On the second proposal, the ISU sug- gests that the guidelines should urge states to appoint a panel of experts - including salvors, naval architects, biol- ogists, chemists, environmentalists and fire/explosion specialists - to give advice in a marine emergency.

The ISU adds: "In the absence of a place of safety, there is a much greater likelihood of the ship sinking, with con- sequent damage to the environment, albeit outside the territorial limit of the

State refusing access." The paper draws attention to the risks to salvage crews in such situations.

The ISU then claims that some ports make "totally unreasonable and exces- sive demands" for security, using the salvor's inability to comply as an excuse to refuse entry.

During his recent address to the

International Tug and Salvage

Conference in Bilbao, Spain, former fSU President Jean Labescat said: "In a proportion of cases, the availability of a place of refuge can be a major factor in determining the success or failure of a salvage. The decision of a government to refuse a request for refuge can have profound consequences. The decision could place lives and the environment at greater risk."

He cited a number of cases where refusal to grant refuge had influenced the outcome of casualty situations, including the tanker Castor and the bulk carriers Treasure, Bishmihita La and

Ikan Tanda.

The former ISU President told the con- ference: "Governments have the funda- mental obligation to act in the public interest. It is not in the public interest to take decisions which, at best, pass on risks to neighbouring states and. at worst, may lead to an environmental catastrophe."

The ISU has said that IMO-approved criteria for assessing risks associated with ship casualties would be a signifi- cant step forward. Jean Labescat noted:

August 2003 "For the first time, the salvor and the authorities would have an international- ly-recognised template to work with."

He added that no distinction should be made between the safety of the casual- ty's crew and the safety of the salvage team. The IMO guidelines should leave no room for Coastal States to reject a request for shelter without going through a formal process and that this process should focus on the salvage plan and recognise the paramount importance of swift intervention.

MR: How has the industry/your com- pany changed since OPA '90 and the

Exxon Valdez?

Fairbanks: At one time, marine salvage was all about saving property.

Over the past 40 years the focus changed to saving the environment. This was not only the result of the Exxon Valdez but also a result of several major pollution incidents, mostly in Europe. Here in the

USA however, the Exxon Valdez pushed the environmental issue to the top of the public's concern resulting in the OPA 90.

The marine salvage business is still about property but environmental issues have become the driving force behind new regulation. The problem with OPA 90 for salvors has been the wrong ended focus. The regulation was aimed at cleaning up the mess after a spill. The salvors' perspective is to try and prevent the spill. On the other hand, clean up became so expensive in the US that ship owners became very carefull so as to reduce spills and therefore costs. In that way, OPA 90 became a great success.

About Titan Maritime

Titan Maritime, LLC, is a commercial marine salvage & wreck removal con- tractor headquartered in Ft.

Lauderdale, hi a., with offices in

Newhaven, U.K. and Sao Paulo, Brazil-

Founded in 1980, the company is one of the very few in the world that still names marine salvage and wreck removal as its primary and only business.

About Weeks Marine Inc.

With two cranes providing bunker coal and dry ballast stevedoring services in

New York Harbor, Weeks Marine was originally founded as Weeks Stevedoring

Company in 1919. The company owns and operates a fleet of more than 400 vessels (including heavy lift and salvage cranes, jack-ups, derricks, dredges, tugs, barges and related equipment) and an equally impressive fleet of land equipment. Weeks is headquartered in

Cranford, N.J. and maintains eight addi- tional full-time division offices and maintenance facilities in Louisiana,

New Jersey, Texas, and Hawaii.

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